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2000 SESSION


HOUSE JOINT RESOLUTION NO. 253
Requesting the Virginia Housing Study Commission, in cooperation with the Virginia Department of Housing and Community Development and certain other agencies, to study certain housing issues.

Agreed to by the House of Delegates, March 9, 2000
Agreed to by the Senate, March 7, 2000

WHEREAS, in the Commonwealth, the need for additional safe, secure and affordable housing has been identified; and

WHEREAS, carbon monoxide poisoning causes early symptoms, such as headache or dizziness, which may be overlooked or attributed to other minor causes because carbon monoxide is a colorless, odorless gas; and

WHEREAS, carbon monoxide poisoning, known as the "silent killer" may result in disorientation, loss of consciousness, brain damage, and death, and can and has resulted in the tragic and unnecessary deaths of Virginians; and

WHEREAS, the Virginia Housing Study Commission has made unanimous recommendations, pursuant to House Joint Resolution No. 747 (1999) study of protections from carbon monoxide poisoning and life safety matters relating to chimneys, fireplaces, vents, and solid fuel burning appliances and has noted the need to gather additional information and data necessary for additional conclusions to be drawn and possible recommendations to be crafted; and

WHEREAS, the one component of the Commission's unanimous recommendation for ongoing study involves the importance of public awareness of possible carbon monoxide hazards as they relate to chimneys, fireplaces, vents, and solid fuel burning appliances; and

WHEREAS, homeownership is widely regarded as a key to strong and vital communities and to generating personal wealth and ongoing self-sufficiency; and

WHEREAS, the Commonwealth has stated the goal to increase home ownership opportunities, particularly among minorities and new citizens of the United States; and

WHEREAS, while homeownership rates overall in Virginia have steadily increased in recent years, homeownership rates among minorities have not increased proportionately to overall homeownership rates, according to a recently released federal study; and

WHEREAS, national secondary mortgage market leaders, such as Fannie Mae, have recently reported that minorities and new citizens of the United States are key potential new homeowners; and

WHEREAS, condominium associations are one of the fastest growing segments of housing in the Commonwealth that provide homes to a substantial number of its citizens; and

WHEREAS, because of the age of some condominiums in Virginia, more and more condominium associations are facing major structural repairs to the common areas that they are responsible for maintaining; and

WHEREAS, many condominium developers, in creating the condominium and setting its original operational budgets, failed to adequately set aside or to require the set aside of funds for the maintenance of common areas; and

WHEREAS, condominium associations are reluctant to raise annual or special assessments for something that is not perceived by unit owners to be an immediate problem; and

WHEREAS, careful examination of the effects of inadequate reserve funds on condominium associations is essential to protect the safety of Virginia's condominium owners and occupants as well as ensuring the financial well-being of condominium associations; and

WHEREAS, Virginia has a wealth of historic properties, many of which are underutilized, in deteriorating condition and situated in communities in need of revitalization; and

WHEREAS, across the nation, strategies utilizing historic properties have been implemented to provide affordable housing and revitalized communities; and

WHEREAS, such strategies may serve the Commonwealth and its citizens by fostering the development of affordable housing while revitalizing rural, suburban, and urban communities and preserving Virginia's historic properties; and

WHEREAS, more than 41,000 Virginians, many of them elderly, chronically ill or disabled, are currently living in homes which lack indoor plumbing; and

WHEREAS, in rural areas, particularly those rural areas which are isolated and difficult to reach, installation of indoor plumbing is a complex, highly regulated activity which presents difficult and challenging delivery and working conditions; and

WHEREAS, in rural areas, there are few central water and sewer systems and, particularly in times of economic expansion, contractors qualified to install well and septic systems and indoor plumbing facilities are in short supply; and

WHEREAS, many rural residents are not aware of indoor plumbing installation assistance programs and may face other unique difficulties in complying with lending requirements, such as time-consuming title searches because their properties are owned by numerous heirs and their reluctance to ask for assistance; and

WHEREAS, Virginia has an estimated 55,000 homeless persons; however, many homeless persons living in rural areas are "invisible" because they obtain temporary shelter with family or friends and are reluctant to ask for assistance; and

WHEREAS, changing economic conditions can have a profound effect on rural residents in areas which have less diverse economic bases and few support services, such as mental and physical health care, job training, child care, and transportation; and

WHEREAS, homes and buildings in the Commonwealth are designed, constructed, and inspected under the purview of the Uniform Statewide Building Code (Sec. 33-39), and the Code was created to ensure that buildings and homes are constructed in a uniform and safe manner to protect the health, safety, and welfare of the occupants; and

WHEREAS, the term "building regulations" does not include zoning ordinances or other land use controls that do not affect the manner or construction or material to be used in erection, alteration, or repair of a building or structure; and

WHEREAS, localities in the Commonwealth are implementing zoning ordinances to require homes to be constructed with a certain percentage of window coverage, fenestration requirements, raised concrete foundations, mandatory brick, concrete, or stucco siding, and architectural facade requirements that may exceed the Virginia Uniform Statewide Building Code (USBC); and

WHEREAS, several Attorney General opinions over the last fifteen years have stipulated that zoning subdivision, and development related ordinances may not contain provisions which regulate how buildings are constructed; and

WHEREAS, it is in the interest of the Commonwealth and its citizens to prevent carbon monoxide poisoning, to increase home ownership opportunities among minorities and new citizens of the United States, to promote affordable housing and community revitalization while using historic preservation strategies, to assist rural Virginians in obtaining indoor plumbing, and to assist those rural Virginians who are now homeless to become self-sufficient and to enjoy the blessings of prosperity experienced by so many of their fellow Virginians; now, therefore, be it

RESOLVED by the House of Delegates, the Senate concurring, That the Virginia Housing Study Commission, in cooperation with the Virginia Department of Housing and Community Development and certain other agencies, be requested to study certain housing issues.

The Virginia Housing Study Commission, in cooperation with the Virginia Department of Housing and Community Development and certain other agencies shall conduct the following: (i) the continuing study, as provided in House Joint Resolution No. 253 (2000) as introduced, of whether changes relating to protection from carbon monoxide poisoning and life safety matters relating to chimneys, fireplaces, vents, and solid fuel burning appliances should be made to the Uniform Statewide Building Code to reflect more closely current provisions of the National Fire Protection Association Code; (ii) the study, with assistance from the Virginia Housing Development Authority, of strategies for increasing home ownership opportunities among minorities and new citizens of the United States, as provided in House Joint Resolution No. 254 (2000); (iii) the study of provisions of the Condominium Act relating to the adequacy of reserve funds established for the maintenance of common areas, pursuant to House Joint Resolution No. 224 (2000); (iv) the study of affordable housing and community revitalization opportunities in the Commonwealth, utilizing historic preservation strategies, as provided in House Joint Resolution No. 255 (2000); (v) the study of the need for and recommendations to foster the improvement of organizational infrastructure, outreach efforts, technical assistance, and construction services for indoor plumbing installation in the homes of rural Virginians living without indoor plumbing, pursuant to House Joint Resolution No. 256 (2000); (vi) the study, with assistance from the Virginia Interagency Action Council for the Homeless, of the number and needs of homeless persons in rural areas of the Commonwealth and recommendations to foster the self-sufficiency and the participation in the current economic expansion, pursuant to House Joint Resolution No. 257 (2000); and (vii) the study of the Uniform Statewide Building Code (USBC) for the purpose of clarifying existing law and examining the provisions of the USBC affecting building standards and design in order to determine whether revisions to the USBC may be necessary, pursuant to House Joint Resolution No. 236 (2000).

All agencies of the Commonwealth shall provide assistance to the Commission for this study, upon request.

The Virginia Housing Study Commission, in cooperation with the Virginia Department of Housing and Community Development and certain other agencies, shall complete its work in time to submit its findings and recommendations to the Governor and the 2001 Session of the General Assembly as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents.